ncj

Yes i did. I spoke to a Mike, one of the salesmen, he said he will get back to me, but i probably won't hear from him until tuesday as i think monday is his day off.

donny andi

iTrader: (3)

Fecking glad I never handed my 10k over to the last owner.
I certainly hope they sort it for you with the premium they have charged you.

Keep this thread updated with what's going on
Good luck with it.

EOEUMC

iTrader: (5)

Yeah keep us lot informed

Gear Head

iTrader: (2)

Just to add, don't think they have given you a deal om the 3 months parts and labour warranty. They have to offer that by law.

ncj

Gear Head, yes i know but in a way that is not valid because the car has to be "fit for purpose" which comes by law, before their warranty. They can put what they like on paper, but that doesn't get round the law.

TheLaw

That's what I have got them on (the sales of good act 1979) but Cheshire performance think they are above that and don't care about the SOGA and the will always refer to the warranty t&c which does not come into play as the sell the cars with faults.

They have told me they will not do anything to help get my car fixed unless I take the car back to them but the car is totally undriveable and unroadworthy and they know this. The car I bought had no brake pads, no handbrake, the headlights do not work properly, the two front tyres are pretty much illegal, one rear passenger tyre has a bulge in the side wall and the spare has wire showing (but advert said 100% no issues with tyres or brakes, I say tryes and brake were pretty much 100% non existent). The batteries are completely f*****, and so is the gear box, the list goes on.
At the moment I've had quotes for the work at of £5k. Plus claims for losses ect ect ......

The worst thing is, that they watch two small children get in the back of the car knowing the problems with the it and knowing I had a very long drive back home.
I didn't get no apology or remorse, they just don't care. The staff at Cheshire performance are total scum bags!!!!

ncj

The Law, I hear what your saying, but i think you will find they are quite within their rights to ask for the car back to fix it. You might have to bite the bullet on that one and pay to have it trailered to them, but keep the receipt in case it does go bad. I for my part have paid 14k for a car that i cannot use 3 days after i bought it. But the thing is to try and keep things amicable, im sure we will both get sorted in the end.

Carnut

I hate to add insult to injury but did you not look at the car before buying and driving off. I appreciate not everyone is a mechanic and certain things can be missed but the condition of the tyres as you describe could be seen on a simple walk round of the car.

TheLaw

I tried to keep things amicable too. Like you on the day I bought the car they promised me they would fix the car by me. And the law states that verbal contract is the same as written. It's just something they say to make a sale like they did with you. When I told them about the problems on email they replied on email saying they would pick the car up and pay the cost but they just keep going back on there word and still after over two months nothing has been done.

TheLaw

No I didnt see the car first as I'm a really busy person and work 7days a week most weeks. I looked at their web page and it looked like they had some nice decent cars and a proper setup.
I read the advertisement and call CP and spoke to Mike Kirwin the sales manager and got him to confirm everything in the description. Which he did and I also asked him about if there was any repairs needed could I have them done near me to which he replied that would be no problem at all.
They did sound like genuine nice guys and had all the setup that made them look professional. Shame they are TOTALY different from I thought. I wish I know about scooby net before I bought from them.

donny andi

iTrader: (3)

Which car did you purchase ?

ncj

Well it seems they have left you no option but the courts. My advice to you is to get everything in writing and get some legal advice.

TheLaw

Ncj. Just to let you know they do not have any rights because they sold an unroadworthy car and that means they broke their side of the legally binding contract

TheLaw

I know, I have everything in writing. It's ashame it has got to this and it's unbelievable how thick they are as I have atleast 5k in repair to claim, also compensation and 3k in loss of earning due to the car being off the road. Trading standard will fine them around 5k, then there are all the solicitors and court cost. And also the police as it is a criminal offence to sell an unroadworthy car.

ncj

Ultimately your right, but in the real world its not so black and white as you are finding out, they can do all sorts of delaying tactics if they wish. I fought and lost a case in court about a year ago where morally i was in the right, even the judge said, i feel for you but its the law that counts. But I've learnt from that and next time i shall employ council and do things properly.

ncj

Yes your right and Cheshire performance must know all this so you do wonder what their game is? If it goes to court they will almost definitely lose and probably pay all costs as well so it would be cheaper for them to fix your car, unless of course they have no assets in their name?

TheLaw

The problem is that they are so arrogant. They must have assets as all their cars prices are listed atleast 2k more than what they pay for them. The other problem is the seem to change their director ALOT, their is a free app called "company house" that shows this.

Trinity

iTrader: (28)

I doubt the cars are in the companies name, nor the 'directors' name

Mike is the director btw

There will be a name change soon I imagine just when they have made themselves a new logo

ncj

Hmmm, if they change their director a lot, that doesn't bode well. What i meant by the assets was , are the cars in their name? because if not they can't be re possessed by bailiffs as assets. Anyway i will speak to Mike on tuesday and see what he says.

Trinity

iTrader: (28)

I would be interested to know if the cars are in company name, I highly doubt it, what does your v5 say as the previous owner?

If they are, boom, once it goes through the courts, escalate it to high court and they will go and collect without any waiting or messing from dear old Mike The Director! Hopefully it'll feature in th channel 5 programme too

TheLaw

There must be some assets as they make so much on each car especially if the don't do any maintenance or repairs to them.

How do know the director is Mike? I am lead to believe he is only the sales manager.
Company House says the director is Miss Aisha Yaseem and used to be Mr Asim Shad

When did the change there logo?
Thank

Trinity

iTrader: (28)

'Led to believe' exactly you are led to believe a lot by Cheshire Performance.

They are partners in the business.

Why would there be assets? If the cars are individual names not the company name then you'll need to bring your cout proceedings against the individual , gonna be a bigger case than originally thought. I suspect the crooks know this.

I didn't say they had changed their logo.

TheLaw

My v5 wasn't in their name, I didn think any dealer put the cars in their name on a v5 as that would make the car seem like it had more owners.

Trinity

iTrader: (28)

True there is that, the traders yellow section of safety

TheLaw

What do you mean I have to bring my court proceedings to the individual?
And what do you mean it's going to be a bigger case than originally thought?
Thanks

Trinity

iTrader: (28)

If th car was in one of their names not the company names I am told you have to bring action against the individual but at the end of the dag I suggest speaking to a brief or even trading standards and get some proper information about where you stand, and give them all the evidence you have compiled.

Remember, Cheshire Performance will of explored all the loop holes in the system and you can be sure to God they know exactly what they can get away with hence why they are still trading happily in the basis of ripping people off, so you have to find all these loop holes they have used and abused.

Good luck

scoobydreamer11

Hiya mate and welcome to the forum!!

First of all why a spec D??? My mate had one as standard and very capable cars but why not a spec c or a tuned classic shape? You want one that irritates people surely?? Haha

Also 15k is a lot of money especially for what you can buy with it these days. Maybe just have a think.

How long have you been looking and how many Subaru's have you driven?? My old man drove the spec d my mate had and it was quick and the brakes were good but it didn't feel as raw as my dad's old 1992 wrx. I would drive all the shapes before parting with your hard earned.

Only my opinion,

The best of luck mate!!

Thanks,

Tom.

ncj

Hi Tom,
I wanted something slightly discreet lol!Also wanted 4 wheel drive. I do have a track toy as well so this car needed to be used as an every day car, as well as a track car when wet. But this was the first subaru I've driven and i was amazed at how good it was and how clean it was, only had 21,000 miles on it.

scoobydreamer11

A ahhh right I see, what do you have as a track toy might I ask?? but I would definitely drive as many Subaru's as possible!!!! They are absolutely awesome cars and all models feel different!!! Don't worry about your deposit and go and test drive some more!! As many shapes as possible to get a decent background I don't have one yet but I cannot wait until I'm in the market to buy one

Always remember ... You don't have to buy the first one you see or drive!

Thanks,

Tom.

ncj

I have a Fisher Fury, no doors, roof or screen, awesome car, 250bhp and 250 lbs ft often to be seen at Goodwood.. It will stay with a Mc Claren 650 S on the straights up to about 120 mph also it will out drag a nissan GTR all on its low power setting ! All this through an escort mk 2 axle so as you can prob guess it has traction issues, but brilliant in the dry.
Ive allready got the spec D from Cheshire performance, thats what this thread is or was about lol!